State Farm Doubles Down on Motion to Dismiss TCPA Claims

Plaintiff Thomas Gebka’s opposition to State Farm’s motion to dismiss his amended Telephone Consumer Protection Act complaint “asserts that he will identify damages traceable to State Farm by showing how State Farm is vicariously liable for the alleged calls that State Farm did not make.” So said State Farm’s reply memorandum Monday (docket 1:22-cv-05546) in U.S. District Court for Northern Illinois in support of its motion to dismiss. Gebka’s amended complaint “fails to identify any unlawful conduct by State Farm, nor does it allege facts that could support holding State Farm vicariously liable for the conduct attributed to the independent contractor agencies or the telemarketing vendors,” it said. None of the arguments Gebka advanced in his opposition is “sufficient to either establish standing or state a claim,” it said. Gebka “fails in his effort to support his claim that the callers were vested by State Farm with actual authority to place the calls at issue,” it said.